The law is an adversarial process, but it shouldn’t be one prior to the case being called to order. We are a profession. We should be professional and we should be treated professionally.
Continue Reading The Battle Before the Battle
March 2011
Answering Requests for Admissions-Beware of the Traps
By Katherine Gallo on
Posted in Motion to Compel Further Responses
Answering Requests for Admissions is very similar to answering interrogatories-you have an obligation to respond in good faith and you have to be careful about your garbage objections. However, the code makes it clear that the requirements in responding to Requests for Admissions are higher. The Discovery Act does not have such strident language for responding to interrogatories or an inspection demand. This is because Requests for Admissions are not designed to uncover factual information. Rather, their main purpose is to set issues at rest by compelling admission of things that cannot reasonably be controverted. Weil and Brown, Cal. Prac. Guide: Civil Procedure Before Trial (TRG 2010), ¶8:1256 citing Shepard & Morgan v. Lee & Daniel, Inc. (1982) 31 C3d 256,261.
Continue Reading Answering Requests for Admissions-Beware of the Traps